Lawfare

Law as a Weapon of War

Author: Orde F. Kittrie

Publisher: Oxford University Press

ISBN: 0190263571

Category: Actions and defenses

Page: 200

View: 6058

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"International military interventions can be extremely costly in terms of monetary resources, logistical challenges, and possible soldier and civilian casualties, as well as the potential for catastrophic results to international relations and agreements. In one such example of these enormous potential costs, the US and UK wished to stop a Russian ship from delivering ammunition to the Assad regime in Syria in 2012. Intercepting or confronting a Russian ship in transit could have erupted into open conflict, so they sought an alternative, non-confrontational maneuver: instead of military intervention, the UK persuaded the ship's insurer, London's Standard Club, to withdraw the ship's insurance. This loss of insurance caused the ship to return to Russia, thus avoiding an international clash as well as the delivery of deadly weapons to Syria. This use of legal maneuvering in lieu of armed force is known as "lawfare" and is becoming a critical strategic platform. In Lawfare, author Orde Kittrie's draws on his experiences as a lawfare practitioner, US State Department attorney, and international law scholar in analyzing the theory and practice of the strategic leveraging of law as an increasingly powerful and effective weapon in the current global security landscape. Lawfare incorporates case studies of recent offensive and defensive lawfare by the United States, Iran, China, and by both sides of the Israeli-Palestinian conflict and includes dozens of examples of how lawfare has thus been waged and defended against. Kittrie notes that since private attorneys can play important and decisive roles in their nations' national security plans through their expertise in areas like financial law, maritime insurance law, cyber law, and telecommunications law, the full scope of lawfare's impact and possibilities are just starting to be understood. With international security becoming an ever complicated minefield of concerns and complications, understanding this alternative to armed force has never been more important"--
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Time in the Shadows

Confinement in Counterinsurgencies

Author: Laleh Khalili

Publisher: Stanford University Press

ISBN: 0804783977

Category: Political Science

Page: 368

View: 3104

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Detention and confinement—of both combatants and large groups of civilians—have become fixtures of asymmetric wars over the course of the last century. Counterinsurgency theoreticians and practitioners explain this dizzying rise of detention camps, internment centers, and enclavisation by arguing that such actions "protect" populations. In this book, Laleh Khalili counters these arguments, telling the story of how this proliferation of concentration camps, strategic hamlets, "security walls," and offshore prisons has come to be. Time in the Shadows investigates the two major liberal counterinsurgencies of our day: Israeli occupation of Palestine and the U.S. War on Terror. In rich detail, the book investigates Abu Ghraib, Guantánamo Bay, CIA black sites, the Khiam Prison, and Gaza, among others, and links them to a history of colonial counterinsurgencies from the Boer War and the U.S. Indian wars, to Vietnam, the British small wars in Malaya, Kenya, Aden and Cyprus, and the French pacification of Indochina and Algeria. Khalili deftly demonstrates that whatever the form of incarceration—visible or invisible, offshore or inland, containing combatants or civilians—liberal states have consistently acted illiberally in their counterinsurgency confinements. As our tactics of war have shifted beyond slaughter to elaborate systems of detention, liberal states have warmed to the pursuit of asymmetric wars. Ultimately, Khalili confirms that as tactics of counterinsurgency have been rendered more "humane," they have also increasingly encouraged policymakers to willingly choose to wage wars.
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The Counterinsurgent's Constitution

Law in the Age of Small Wars

Author: Ganesh Sitaraman

Publisher: Oxford University Press

ISBN: 0199930317

Category: History

Page: 328

View: 1648

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When the U.S. military began its "surge" in Iraq in 2006, counterinsurgency effectively became its dominant approach for fighting wars. Yet many of the major controversies and debates surrounding counterinsurgency operations have turned not on military questions but on legal ones: Who can the U.S. military attack with drones? Is the occupation of Iraq legitimate? What tradeoffs should the military make between self-protection and civilian casualties? What is the right framework for negotiating with the Taliban? How can we build the rule of law in Afghanistan? The Counterinsurgent's Constitution tackles this wide range of legal issues from the vantage point of counterinsurgency strategy. It explains why law matters in counterinsurgency, how law operates during counterinsurgency, and how law and counterinsurgency strategy can be better integrated. As Ganesh Sitaraman shows, far from being opposed, law and strategy are aligned and reinforcing. Following the laws of war is not just the right thing to do, it is strategically beneficial. Reconciliation with enemies can both end the conflict and preserve the possibility of justice for war crimes. Building the rule of law is not simply altruistic "nation-building," but an important strategy for success. The first book on law and counterinsurgency strategy, The Counterinsurgent's Constitution seamlessly integrates law and military strategy to illuminate some of the most pressing issues in warfare and the transition from war to peace.
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Is There a Court for Gaza?

A Test Bench for International Justice

Author: Chantal Meloni,Gianni Tognoni

Publisher: Springer Science & Business Media

ISBN: 9067048194

Category: Law

Page: 594

View: 6580

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The 'Goldstone Report' of September 2009 started a critical debate at the international level. The Report raised serious allegations of grave violations of international law with regard to the Israeli attack on Gaza of 27 December 2008 - 18 January 2009, amounting to possible war crimes and crimes against humanity. The UN General Assembly and the Human Rights Council, amidst high political pressure, endorsed the Report’s recommendations, calling for prompt and proper investigations to ensure accountability and justice for the victims. Given the lack of proper investigations at the national level, international justice mechanisms are now needed. Indeed, the ICC opened a preliminary examination of the situation but difficulties arose because of the uncertain status of the occupied Palestinian territory. The issue of the existence of a State of Palestine is extremely actual and still unsolved at the UN level. With a foreword by prof. William Schabas, the book collects contributions by renowned international law professors as Eric David, John Dugard, Richard Falk and many other distinguished scholars and lawyers, and brings together for the first time essential documentation on the 'Gaza conflict'. The underlying question, whether there is a court for Gaza, can be seen as a test case for international justice, and shed a light on the role of international institutions in the difficult combination of law and politics that connotes international justice. Useful for all those interested in the Israeli-Palestinian conflict, such as international and criminal law scholars, and human rights and humanitarian organizations.
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The United States Department of Defense Law of War Manual

Commentary and Critique

Author: Michael A. Newton

Publisher: Cambridge University Press

ISBN: 1316999734

Category: Law

Page: N.A

View: 7697

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The United States Department of Defense Law of War Manual: Commentary and Critique provides an irreplaceable resource for any politician, international expert, or military practitioner who wishes to understand the approach taken by the American military in the complex range of modern conflicts. Readers will understand the strengths and weaknesses of US legal and policy pronouncements and the reasons behind the modern American way of war, whether US forces deploy alone or in coalitions. This book provides unprecedented and precise analysis of the US approach to the most pressing problems in modern wars, including controversies surrounding use of human shields, fighting in urban areas, the use of cyberwar and modern weaponry, expanding understanding of human rights, and the rise of ISIS. This group of authors, including academics and military practitioners, provides a wealth of expertise that demystifies overlapping threads of law and policy amidst the world's seemingly intractable conflicts.
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Lawfare: The War Against Free Speech: A First Amendment Guide for Reporting in an Age of Islamist Lawfare

Author: Brooke M. Goldstein,Aaron Eitan Meyer

Publisher: N.A

ISBN: 9780982294796

Category: Law

Page: 242

View: 8342

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The free speech rights of authors, researchers and journalists writing on issues of public security and national concern are increasingly under attack through both violent and non-violent means. An important non-violent challenge to free speech has emerged in the form of "Islamist lawfare," the use of the law as a weapon of war to silence and punish free speech about militant Islam, terrorism and its sources of financing. The strategic end of Islamist lawfare is to further the goals of the Islamist movement, one of which is to abolish public discourse critical of Islam and punish anything deemed blasphemous to its prophet, Mohammad. Another goal of Islamist lawfare is to impede the free flow of public information about the threat of Islamist terrorism, thereby limiting our ability to understand it and destroy it. In this way, Islamist lawfare takes the form of a complementary legal campaign to terrorism and asymmetric warfare. "Lawfare: The War Against Free Speech"- written by two of America's experts in this field- describes this phenomenon and gives practical guidance about navigating this new terrain to journalists who wish to speak truthfully about the national security threats we face. This book is a must-read primer on the First Amendment, and should be reviewed by anyone writing about the most controversial topics of our time. Aaron Eitan Meyer and Brooke Goldstein present "Lawfare Against Free Speech: A First Amendment Guide to Reporting in an Age of Islamist Lawfare," the first book of its kind aimed at giving practical tips to journalists when writing about these topics. ABOUT THE AUTHORS Brooke Goldstein is a human rights attorney and award-winning filmmaker. She serves as director of The Lawfare Project, a nonprofit organization dedicated to raising awareness and facilitating a response to the abuse of the legal system and human rights law. She is also the founder and director of the Children's Rights Institute (CRI) which tracks and legally combats violations of children's basic human rights as occurring throughout the globe. Aaron Eitan Meyer served as research director of The Lawfare Project, director of research for the Children's Rights Institute, legal correspondent for the Terror Finance Blog, and is on the advisory board for the digital advocacy group, Act for Israel. He received his B.A. from New School University, and his J.D. from Touro College Jacob D. Fuchsberg Law Center.
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Counterinsurgency Law

New Directions in Asymmetric Warfare

Author: William Banks

Publisher: Oxford University Press

ISBN: 0199311463

Category: Law

Page: 310

View: 8326

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In Counterinsurgency Law, William Banks and several distinguished contributors explore from an interdisciplinary legal and policy perspective the multiple challenges that counterinsurgency operations pose today to the rule of law - international, humanitarian, human rights, criminal, and domestic. Addressing the considerable challenges for the future of armed conflict, each contributor in the book explores the premise that in COIN operations, international humanitarian law, human rights law, international law more generally, and domestic national security laws do not provide adequate legal and policy coverage and guidance for multiple reasons, many of which are explored in this book. A second shared premise is that these problems are not only challenges for the law in post-9/11 security environments-but matters of policy with implications for the international community and for global security more generally.
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Courts and Consociations

Human Rights versus Power-Sharing

Author: Christopher McCrudden,Brendan O'Leary

Publisher: OUP Oxford

ISBN: 019166538X

Category: Law

Page: 216

View: 6699

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Consociations are power-sharing arrangements, increasingly used to manage ethno-nationalist, ethno-linguistic, and ethno-religious conflicts. Current examples include Belgium, Bosnia, Northern Ireland, Burundi, and Iraq. Despite their growing popularity, they have begun to be challenged before human rights courts as being incompatible with human rights norms, particularly equality and non-discrimination. Courts and Consociations examines the use of power-sharing agreements, their legitimacy, and their compatibility with human rights law. Key questions include to what extent, if any, consociations conflict with the liberal individualist preferences of international human rights institutions, and to what extent consociational power-sharing may be justified to preserve peace and the integrity of political settlements. In three critical cases, the European Court of Human Rights has considered equality challenges to important consociational practices, twice in Belgium and then in Sejdic and Finci v Bosnia regarding the constitution established for Bosnia Herzegovina under the Dayton Agreement. The Court's decision in Sejdic and Finci has significantly altered the approach it previously took to judicial review of consociational arrangements in Belgium. This book accounts for this change and assess its implications. The problematic aspects of the current state of law are demonstrated. Future negotiators in places riven by potential or actual bloody ethnic conflicts may now have less flexibility in reaching a workable settlement, which may unintentionally contribute to sustaining such conflicts and make it more likely that negotiators will consider excluding regional and international courts from reviewing these political settlements. Providing a clear, accessible introduction to both the political use of power-sharing settlements and the human rights law on the issue, this book is an invaluable guide to all academics, students, and professionals engaged with transitional justice, peace agreements, and contemporary human rights law.
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